N ELANGOVAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner N. Elangovan, filed the present writ petition seeking a writ of certiorarified Mandamus to call for the entire records connected with the impugned order passed by the 1st respondent in Letter No. 40, School Education Department (H2) dated 07.03.2001 and the consequential order of the 3rd respondent in Na. Ka. No. 6908/A2/2008 dated 05.09.2008 and quash the same and direct the respondents to approve the appointment of the petitioner as B.T. Assistant with effect from 23.12.1996 in the 4th respondent school with all consequential benefits.

(2.) THE petitioner has passed B.A. (Indian Culture) at Bharathidasan university during the year 1984-1987 and subsequently qualified in M.A. (Philosophy) during the year 1987-1989 and also passed B.Ed during the year 1989-1990. THE Bharathidasan University has issued a certificate certifying that B.A. (Indian Culture) is equivalent to B.A. (History). Subsequently a vacancy arose in the 4th respondent School, kassimia Higher Secondary School, Rajagiri, Thanjavur due to superannation of one Sri. Thomas. THE 4th respondent, being a minority institution, appointed the petitioner in that retirement vacancy on 23.12.1996 as B.T. Assistant, From the date of appointment, the petitioner has been continuously working to the satisfaction of his superiors in the 4th respondent school. After the appointment of the petitioner, the 4th respondent school submitted a proposal seeking approval of the petitioner-s appointment, to the 3rd respondent, the District Educational Officer, Thanjavur, but the same was rejected by an order dated 26.08.1997 on the ground that the petitioner did not possess B.A. (History) qualification and further stated that the aforesaid teacher, Thiru, Thomas, had not been granted extension of service till the end of the academic year.

(3.) RESPONDENTS 1 to 3 have relied on a copy of the Government Letter No. 40 (School Education) dated 07.03.2001 stating that the B.A. Degree in Indian Culture could not be treated as equivalent to B.A. (History) Course. Therefore, the rejection order passed by the 3rd respondent is in accordance with law.